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8th Amendment - College Essays

8th Amendment

The to the Constitution of the United
States prohibits cruel and unusual punishment, as well
as the setting of excessive bail or the imposition of
excessive fines. However, it has also been deemed
unconstitutional by the Supreme Court of the United
States (according to the Eighth Amendment)to inflict
physical damage on students in a school environment for
the purpose of discipline in most circumstances.
The 8th Amendment stipulates that bail shall not be
excessive. This is unclear as to whether or not there
is a constitutional right to bail, or only prohibits
excessive bail, if it is to be granted. The Supreme
Court has never directly addressed this interpretation
problem, because ...

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set
higher than is reasonable. Logically, bail is usually
not set for an amount greater than the maximum monetary
sentence for the crime with which the defendant is being
charged.(Draper 80)
The most widely known aspect of the eighth
amendment is the fact that it prohibits cruel and
unusual punishment. The stand for “cruel and unusual”
fluctuates, because it all is dependent upon social
issues, standards, and personal beliefs. However, there
are many generalizations that remain very clear, no
matter what the situation. Cruel and unusual punishment
is perceived as punishment that causes “an unnecessary
and wanton infliction of pain”. Punishments that have
been declared entirely unconstitutional without question
by the US Supreme Court include torture and loss of
citizenship. (Garraty 155) This interpretation is
demonstrated by the Supreme Court’s rulings in the case
of Gregg vs. Georgia, in 1976. In this case the court
upheld the constitutionality of the death ...

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PAPER DETAILS

Added: 7/15/2008 07:05:39 AM
Category: World History
Type: Premium Paper
Words: 1139
Pages: 5

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